News & Analysis as of September 20, 2024

First Sale Doctrine › Stream of Commerce

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The First Sale Doctrine is rule of copyright law providing that an individual who knowingly purchases a copy of a copyrighted material has the right to do what they wish with that particular copy, i.e. sell,... more +

The First Sale Doctrine is rule of copyright law providing that an individual who knowingly purchases a copy of a copyrighted material has the right to do what they wish with that particular copy, i.e. sell, display or dispose of that copy. However, the First Sale Doctrine does not grant individual purchasers the right to make unauthorized reproductions of copyrighted material and consequently, the First Sale Doctrine cannot be used as a defense against claims of infringing reproductions. less -

Patent Exhaustion: Supreme Court Expands Patent-Limiting Doctrine

McDonnell Boehnen Hulbert & Berghoff LLP on 12/8/2017

The U.S. Supreme Court at the end of the past term handed down a decision, Impression Products, Inc. v. Lexmark International, Inc., that greatly expanded the doctrine of patent exhaustion. This equitable doctrine prevents a...more

Exhausted!: The Supreme Court Weakens Patent Owners’ Rights to Enforce Post-Sale Restrictions on Patented Products

Shook, Hardy & Bacon L.L.P. on 8/31/2017

Patent owners have long imposed post-sale restrictions on their patented goods and relied on U.S. patent laws to enforce these restrictions. For instance, companies have sought to enforce “single use” restrictions on their...more

Supreme Court Holds Sale of Patented Product Exhausts All Patent Rights

Jackson Walker on 6/14/2017

In a nearly unanimous opinion issued recently, the U.S. Supreme Court held “a patentee’s decision to sell a product exhausts all of its patent rights in that item, regardless of any restrictions the patentee purports to...more

First Impressions: New Strategies in the New Era of Patent Exhaustion After Impression Products v. Lexmark International

Perkins Coie on 6/14/2017

In Impression Products, Inc. v. Lexmark International, No. 15–1189, 137 S. Ct. ___, 2017 WL 2322830 (May 30, 2017), the U.S. Supreme Court held that a patentee’s sale of a product exhausts all of its U.S. patent rights in...more

Supreme Court Clarifies Patent Exhaustion Doctrine and Limits Post-Sale Control

Burr & Forman on 6/9/2017

In Impression Products, Inc. v. Lexmark International, Inc., the Supreme Court held that after a patent holder sells a patented product, the patent holder cannot control the product by way of patent rights. United States...more

Supreme Court Finds Patent Rights Exhausted Overseas

Foley & Lardner LLP on 6/8/2017

In Impression Products, Inc. v. Lexmark International, Inc., the Supreme Court reversed the en banc decision of the Federal Circuit, and held U.S. patents rights exhausted by the patent owner’s sale of a patented article...more

First Sale Extinguishes Patent Rights: Supreme Court Guts Manufacturer Control Over Secondary Market

Womble Bond Dickinson on 6/5/2017

Manufacturers have long used patents, licenses and litigation to deter competitive products and restrict secondary markets in their products. The U.S. Supreme Court just dealt these practices a severe blow, confirming that a...more

What the Supreme Court’s Latest Patent Decision Means for Automotive Suppliers

Foley & Lardner LLP on 6/3/2017

Although U.S. patent law has long-established limits on enforcement after a patented product has been sold, the technological innovations may put a bulls-eye on the automotive industry for patent litigation. However, when...more

Supreme Court to Consider Patent Exhaustion for International Sales

Snell & Wilmer on 12/6/2016

Last Friday, the U.S. Supreme Court granted certiorari in the patent exhaustion case, Impression Products, Inc. v. Lexmark International, Inc., Docket No. 15-1189. The Supreme Court’s decision in this case could...more

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